A pro-independence blog by James Kelly - one of Scotland's three most-read political blogs.
Tuesday, December 28, 2021
What Would Jeggit Do?
Sunday, December 26, 2021
Boxing Day drama as new Opinium poll is first online poll since early September to show support for independence at 50% or higher
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Boxing Day poll shows Scottish Tories on course for a 1997-style total wipeout at Westminster
Wednesday, December 22, 2021
The troubling side of public opinion: one-quarter of Scottish voters think defendants should be regarded as guilty until proved innocent
Because Wings Over Scotland has theoretically shut up shop, I haven't been keeping an eye on the site, and I was surprised to discover today that there have been a couple of brief updates since I last checked. One of them is a thoroughly disturbing result from a Panelbase poll commissioned by Wings. It found that 26% of Scottish voters want the presumption of innocence to be abolished for men accused of rape, with the accusation regarded as true unless the defendant can disprove it. A further 22% want jury trials to be abolished for rape cases, in order to address what the poll question implies is an abysmally low conviction rate.
What I find curious is that Stuart uses the title "Believing Her", which - unless it's meant ironically - might give the impression of approving of the poll results, something which would be totally at odds with his views on a high-profile court case last year. He did not believe the complainers in that case, and based on the verdict he was entirely right not to do so. So would he really be keen on a system that would have required the court and the jury to start with the assumption that those complainers were telling the truth?
It's sometimes said that false allegations of sexual assault are exceptionally rare - but a) that claim is not uncontested, and b) even if it's right, nobody seriously argues that false complaints are totally non-existent. Reversing the burden of proof would almost certainly see men go to prison for sex crimes they did not commit - the only question is how many. There are good reasons for suspecting that the amount of false complaints would skyrocket once people realise that they can easily destroy someone they have a grudge against, and without any particularly high risk of repercussions.
Of course in the real world, no government in a liberal democracy would introduce a presumption of guilt, regardless of public opinion on the matter. However, the fact that so many people hold such an extreme view means that the government could be pushing at an open door if they opt to erode the safeguards for defendants in more limited ways. This is the end result of an ideology that would have us believe that the role of the courts is to provide a service for complainers by securing a conviction, rather than to test the allegations and establish whether or not they are true.
In fairness, people who took part in the poll were probably heavily influenced by the claims made in the question wording about the conviction rate for rape and how it is supposedly much worse than for other crimes. That made it very hard for respondents not to say that "something drastic must be done". But there is an alternative point of view - this blogpost (written, I believe, by a Liberal Democrat) compellingly advances the view that an apples and oranges comparison may be creating a very misleading impression of the statistics.
34% of respondents in the Wings poll take a relatively moderate stance by saying that the conviction rate should be boosted by abolishing the Scots law requirement for corroborating evidence. This wouldn't drive a coach and horses through the principles of justice in quite the same way as a presumption of guilt or the abolition of jury trials. Nevertheless, my recollection is that corroboration is regarded by legal experts as balancing out other disadvantages that defendants have under Scots law - for example the fact that they can be found guilty of serious crimes on the basis of just eight votes on a fifteen-strong jury. That is not the case in England, and it may be that we'd need to reconsider the question of a threshold for majority verdicts if the need for corroboration was to be discarded.
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Sunday, December 19, 2021
A third poll in quick succession shows Scottish voters are overwhelmingly opposed to legally-recognised gender self-ID
So make that a hat-trick. The Scot Goes Pop / Panelbase poll on GRA reform in October showed a massive majority against legally-recognised gender self-ID, as did a Survation poll a few days ago for the policy analysis organisation Murray Blackburn Mackenzie. Now there's also a brand new multi-question Panelbase poll commissioned by For Women Scotland which has produced the same outcome.
The format of the main self-ID question is closer to the Survation poll than to the Scot Goes Pop / Panelbase poll, because it's binary-choice and asks whether people wishing to change their legal gender should need to be assessed by medical experts, or whether they should be able to self-identify. 71% think medical approval should be required, with only 29% in favour of self-ID. Without having seen the datasets yet, I'm not sure whether those are the figures after Don't Knows were removed, or whether there wasn't a Don't Know option on this occasion. The equivalent figures in the Survation poll were 53% for a doctor's approval being required, and 27% in favour of self-ID, with the remainder saying 'Don't Know'. The Scot Goes Pop / Panelbase poll had a four-option format, with 20% of respondents favouring self-ID, compared with a combined 58% for the three options which excluded the possibility of self-ID.
The results of two other questions from the For Women Scotland poll have been released so far. 33% of respondents think trans women who have male genitalia should be allowed to access women's changing rooms, hospital wards and refuges, with 67% saying they should be excluded. That's substantively the same as one of the questions from the Scot Goes Pop poll (with a very similar result), but I would guess the reason it was asked was that my own question wasn't so specific about "male genitalia", and For Women Scotland probably wanted to see what effect a more direct question wording would have.
Just 27% of respondents think under-18s should be able to change their name and sex in school records without parental consent, while 73% think they should not.
My observation is once again the same. In a parliamentary democracy, it is entirely legitimate for MSPs to decide that they know better than the public, and to legislate in defiance of public opinion if they genuinely think it is the right thing to do. But what we do have a right to expect is that MSPs acknowledge that they are indeed disregarding the public's wishes, rather than pretending that the sky is green and that the public are right behind them. The polling evidence is absolutely crystal-clear: Scottish voters overwhelmingly oppose legally-recognised gender self-ID and want the Scottish Government's proposed change to the law to be rejected.
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Saturday, December 18, 2021
Why are the BBC allowing their news website to be used for propaganda against the introduction of Covid safety restrictions?
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Friday, December 17, 2021
North Shropshire: the Scottish impact
I was asked what impact the sensational North Shropshire by-election result might have on Scottish politics. I think that's quite difficult to tell at the moment because there are too many variables. We were told that a gain for the Liberal Democrats might trigger Boris Johnson's downfall, but now that it's actually come to pass, the consequences have been predictably downgraded to "he's in the last chance saloon". The comparison that some people are making is with the Eastbourne by-election of 1990 which set in motion a chain of events that led to Margaret Thatcher's ousting as Prime Minister a few weeks later. But an equally valid comparison is with the Newbury and Christchurch by-elections of 1993, which the Lib Dems won on massive swings, leaving the Tories in little doubt that John Major couldn't lead them to victory in 1997 - but they did nothing much about that for four years.
The conventional wisdom is that it would be Christmas for the Yes movement if Boris Johnson is still Prime Minister when a referendum or plebiscitary election is held - but the one possible caveat would be if Johnson becomes damaged to the point where it's obvious that Labour are likely to win the next general election, which would make it harder for us to portray the choice as being between independence and Tory rule. There might yet be a strategic advantage in Johnson being replaced with another leader like Michael Gove or Priti Patel who would still be deeply unpopular in Scotland, but who might look like having a more plausible chance of winning the 2024 election.
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You can catch up with my Scot Goes Popcast interview with iScot editor Ken McDonald HERE (on video) or HERE (audio only).
Wednesday, December 15, 2021
Carrot and stick: The Wishous Circle
Do you want independence? - 5 points
— James Kelly (@JamesKelly) December 15, 2021
Do you want the mandate for an indyref to be used? - 7 points
Do you write longer-form online posts? - 11 points
Have you ever consumed a carrot in Perth? - 16 points
If you scored 20 points or higher, you are officially an #AbsoluteMenace
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Tuesday, December 14, 2021
Another poll, this time conducted by Survation, confirms the Scottish public are strongly opposed to legally-recognised gender self-ID
Monday, December 13, 2021
Ken McDonald, editor of iScot magazine, is the special guest on Episode 14 of the Scot Goes Popcast
For Episode 14 of the Scot Goes Popcast I was joined by Ken McDonald, the editor of iScot magazine, which I've written a monthly column for since 2017. It's a unique publication, because it's a high-quality print magazine in wide circulation that is explicitly pro-independence and run by grass-roots Yes supporters. Many people have probably heard of iScot without having taken a look for themselves yet, and if that describes you, this podcast is a golden opportunity to find out what you're missing. Ken explains...
* How he started the magazine as an alternative to shouting at the TV when "Jackanory" Jim Murphy was being interviewed.
* The vital importance of having a pro-Yes print publication, given that many older people can't really be reached by online New Media.
* How iScot's readership demographics very closely mirror the demographics of No voters in the 2014 referendum, leaving the magazine ideally placed to reach the people whose minds need to be changed.
* Why only a relatively small proportion of the magazine's articles are directly about politics and independence, with the others showcasing what a capable country Scotland is.
* Why he's confident that iScot will still be around in seven or eight years' time.
* How iScot is a platform for all shades of opinion within the independence movement, including the SNP, Alba and IFS.
* What happened when iScot thought it had arranged an interview with Peter Murrell.
You can listen to the episode as a traditional podcast via the embedded Soundcloud player below, or via the direct Soundcloud link, or you can watch it in video form via the embedded YouTube player. The Popcast is also available on Stitcher and Spotify.